Ins Co. disputing my claim - advice please! - Page 2 - SV650.org

11-09-06, 05:56 PM

the part about wearing a white T-shirt,
it makes it sound as if you were wearing just that, id stick something there also,

id think about including Observation, Signal, Manovre.

if the observation would have occured, he would have seen you,
if the signal was used, you would have seen it and alerted him to your presence (with use of horn, or something),
and since he failed to do so, shows that he was in the wrong.

11-09-06, 10:19 PM

I think the bit about clothing, lights etc was in the original letter to basically add weight to the fact my colleague and myself had done everything possible to minimise risk and maximise visibility and were complying with as many regulations/recommendations by DVLA as possible.

It may seem extraneous but I think anything that gives creedance you take your safety seriously and had done everything in your power to be safe then it removes any element of leverage on the 3rd partys insurers part imo.

Well it worked for me. Ness, not sure about your case but certainly case law is changing and in bikers favour. The letter helped me and my colleague so I work on the principle if it helps great at least try it.

Good luck anyway.

12-09-06, 08:02 AM

I got rear ended on a bicycle and the third party insurers tried to make a big point of the fact that I wasn't wearing a cycle helmet and fluorescent clothing, and that I didn't have my lights on (it was daytime...) - everything you can list to show you being 100% in the right is helpful. They know their guy is in the wrong, they're just looking for any way to reduce their 100% liability a bit and get the payment down (also the third party insurer will be counting on the fact that some people would rather pull out than have their future insurance premiums affected if they take part liability, even a small %)

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11-09-06, 05:56 PM	#11
Warren Guest Posts: n/a	the part about wearing a white T-shirt, it makes it sound as if you were wearing just that, id stick something there also, id think about including Observation, Signal, Manovre. if the observation would have occured, he would have seen you, if the signal was used, you would have seen it and alerted him to your presence (with use of horn, or something), and since he failed to do so, shows that he was in the wrong.

11-09-06, 10:19 PM	#12
lynw Guest Posts: n/a	I think the bit about clothing, lights etc was in the original letter to basically add weight to the fact my colleague and myself had done everything possible to minimise risk and maximise visibility and were complying with as many regulations/recommendations by DVLA as possible. It may seem extraneous but I think anything that gives creedance you take your safety seriously and had done everything in your power to be safe then it removes any element of leverage on the 3rd partys insurers part imo. Well it worked for me. Ness, not sure about your case but certainly case law is changing and in bikers favour. The letter helped me and my colleague so I work on the principle if it helps great at least try it. Good luck anyway.

12-09-06, 08:02 AM	#13
SVeeedy Gonzales Guest Posts: n/a	I got rear ended on a bicycle and the third party insurers tried to make a big point of the fact that I wasn't wearing a cycle helmet and fluorescent clothing, and that I didn't have my lights on (it was daytime...) - everything you can list to show you being 100% in the right is helpful. They know their guy is in the wrong, they're just looking for any way to reduce their 100% liability a bit and get the payment down (also the third party insurer will be counting on the fact that some people would rather pull out than have their future insurance premiums affected if they take part liability, even a small %)